Mitchell v. Wellman
Supreme Court of Alabama
Appeal from the Chancery Court of Jefferson. ■ Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 15th August, 1884, by Albert Mitchell and Spencer Buckner, and averred that, some time in the year 1882, complainants purchased a lot in the city of Birmingham from the Elyton Land Company, on the installment plan, part of the purchase-money being paid at the time of purchase and the balance to be paid on time; that complainants borrowed the money with…
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Appeal from the Chancery Court of Jefferson. ■ Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 15th August, 1884, by Albert Mitchell and Spencer Buckner, and averred that, some time in the year 1882, complainants purchased a lot in the city of Birmingham from the Elyton Land Company, on the installment plan, part of the purchase-money being paid at the time of purchase and the balance to be paid on time; that complainants borrowed the money with which to make the cash payment from Mrs. Fannie Linn, and had the Elyton Land Company's bond for title, made to her to…
1Opinion of the Court
CLOPTON, J
On January 2, 1883, the complainants and their wives executed to defendant an absolute conveyance of the land in controversy, in consideration of eight hundred dollars; and the defendant cotemporaneously executed a separate instrument, granting complainants the right to re-purchase at any time before January 1, 1884, by the payment of twelve hnndred dollars, containing a covenant to convey on payment being made. The complainants, having failed to make payment within the time specified, bring the bill to have the two instruments declared a mortgage, and to redeem.
When the…
2Cases cited6 opinions
- West v. HendrixSupreme Court of Alabama · 1856
- Turner v. WilkinsonSupreme Court of Alabama · 1882
- Peeples v. StollaSupreme Court of Alabama · 1876
- McKinstry v. ConlySupreme Court of Alabama · 1847
- Eiland v. RadfordSupreme Court of Alabama · 1845
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Cousins v. CrawfordSupreme Court of Alabama · 1953
- Reeves v. AbercrombieSupreme Court of Alabama · 1895
- Smith v. HoffNorth Dakota Supreme Court · 1912
- Troup Co. v. SpeerCourt of Appeals of Georgia · 1919
- Jordan v. GarnerSupreme Court of Alabama · 1893
4 more not listed; retrieve them via the Exa API.